My ex filed her taxes a few days ago, I owe back child support over 4k will the IRS take my refund because I owe back child support? I haven't filed yet.

[sixkids7]

My ex filed her taxes and yes I owe 4k in back child support but since she filed already the irs cant take my tax refund because I haven't filed yet and if they do why can they take my money and how does she get it? She would have to file paperwork to take my tax money or does the child support office do it for her?

[xmasbaby0 · Accepted solution]

Your ex has to go through the court or child support system in order have your tax refund offset for the delinquent child support.  If that has been done, then the IRS and/or your state can seize your tax refunds.

https://www.irs.gov/uac/tax-refund-offsets-pay-unpaid-debts

 IRS Treasury Offset Program Call Center at 1-800-304-3107

[sixkids7]

We have a court order that says I have to pay child support and I owe back child support, I was signed and all. Does that mean they will take my refund? Or does she have to file certain paperwork to get it? Child support takes money out of my paycheck so does the child support take it and give it to her or no. Now she has already filed her taxes so that means she won't get mine refund right?

[xmasbaby0]

Did you even read the answer above?

[sixkids7]

Yes but I'm trying to see if that means our custody court papers or if it's something different. Like even though the court say I owe back child support she still has to go to the court and do different paperwork to get my refund?

[xmasbaby0]

Your ex's tax return does not tell the IRS that you owe her back child support.  The court system or the child support system places an order for your tax return to be seized.  IF that has happened, then your refund will be taken to pay your child support.  You can check by calling the number that you were given a link to.

[sixkids7]

Thanks hopefully they don't take it. I want a new car and TV plus she works so she doesn't need my money anyway if so she can find a job to pay more I don't get why I have to pay when we don't live together haven't in years it's her fault so filed for help last year now my life is messed up and I have to think about this junk ugh don't have kids

[macuser_22]

We cannot tell you if there is an offset or not.  Call the Bureau of the Fiscal Service on the number given above - only they can tell you if there is an offset order against you or not.

[Leanna23]

Speaking from personal experience....my ex has owed over $12000 in back support.   Little by little the money has been paid through extra being withheld from each paycheck and from his income tax return.    My case was sent to the attorney generals office and they manage it.   I was told the moment he was $500 or more behind they automatically start drafting pay or withholding income tax until the full amount of back support is paid.   I didn’t have to go to court for his income tax to be with held.   The attorney generals automatically flags it with the IRS.   

[Leanna23]

And no offense sixkids7 but if the kid is yours you need to grow up and realize you are just as responsible for caring for that child’s needs financially or otherwise.   If you owe in back support that obligation comes first before the crap you want to get. You helped to create that child and she should not have to have full financial responsibility on her own.   The remark you made above shows just how selfish and self centered you are.   I’m sure your ex has wants as well but like most custodial parents I’m sure your ex sacrifices a lot to care for the kid/s.   I know my entire paychecks went for my kids and even my health was neglected to make sure theirs was taken care of.  Stop being a narrsasistic ass and think of your child’s needs as that child can not support or fully care for themselves.  Definitely for the future keep your pants zipped to save future women from dealing with your childishness.

[kristylei]

If you already have a child support agreement in place and you owe back support, yes they will take your return and pay it back to the custodial parent and continue to do so until all of the arrears is paid in full

[angiev93]

you're a turd.  I hope they take all your tax money. sounds like you don't even care about your child.  It takes more than one income to support a child and since your sperm helped create him/her, your responsible for half of all their financial needs.  ugly.